CONTENTS
- 1. The Client Who Sought a Gwangju Attorney
- 2. The Charges Against the Gwangju Attorney's Client
- 3. The Punishment the Gwangju Attorney's Client Could Face
- - The Punishment the Gwangju Attorney's Client Could Face: 1. Indecent Act by Abuse of Authority
- - The Punishment the Gwangju Attorney's Client Could Face: 2. Rape
- 4. The Gwangju Attorney's Defense of the Client
- - The Gwangju Attorney's Client Had Been Falsely Accused by A
- - The Gwangju Attorney's Client Had Been in a Relationship Akin to a Romantic Relationship with A
- 5. The Gwangju Attorney's Client Receives a Finding of No Suspicion of Crime Through the Gwangju Attorney's Assistance
1. The Client Who Sought a Gwangju Attorney
The client who came to the Gwangju attorney stated that he was charged with indecent act by abuse of authority and rape, and, stating that this was deeply unjust, came to the Gwangju attorney in order to seek the assistance of Daeryun Law Firm.
2. The Charges Against the Gwangju Attorney's Client
The Gwangju attorney's client was facing the following charges. A, who filed a complaint against the client, was an accounting clerk at the client's company.
A stated that on the day of a company dinner, the client suddenly committed indecent acts such as kissing A on the cheek, repeatedly massaged A's shoulders on the pretext of giving a massage while touching A's chest, forcibly kissed A in the office and committed indecent acts such as touching A's buttocks, and further forcibly raped A on two occasions at a motel.
On this basis, A filed a complaint, alleging that the client had exercised occupational authority under a superior position and repeatedly engaged in indecent acts and rape.
3. The Punishment the Gwangju Attorney's Client Could Face
On the charges set out above, the Gwangju attorney's client was at risk of being punished for indecent act by abuse of authority and the crime of rape.
The Punishment the Gwangju Attorney's Client Could Face: 1. Indecent Act by Abuse of Authority
Act on Special Cases concerning the Punishment of Sexual Crimes Article 10 (Indecent Act by Abuse of Authority, etc., or by 🔗Indecent Act)
① A person who, by deceptive means or by exercise of authority, commits an indecent act against another person under their protection or supervision by reason of an occupational, employment, or other relationship shall be punished by imprisonment for not more than three years or by a fine not exceeding 15 million won.
Indecent act by abuse of authority was punishable by imprisonment for not more than three years or by a fine not exceeding 15 million won.
The Punishment the Gwangju Attorney's Client Could Face: 2. Rape
Criminal Act Article 297 (🔗Rape)
A person who rapes another through assault or intimidation shall be punished by imprisonment for a definite term of at least three years.
Rape was punishable by imprisonment for a definite term of at least three years.
4. The Gwangju Attorney's Defense of the Client
The Gwangju attorney took on the client's defense from the investigative stage and provided assistance.
The Gwangju Attorney's Client Had Been Falsely Accused by A
According to the written statements of the Gwangju attorney's client and three of A's coworkers, the client and A had gotten along well in a family-like atmosphere.
It is said that, from the moment the client appeared to be on close terms with another woman who was a real estate broker, A became jealous of the client and spoke ill of him.
In addition, as the company's circumstances subsequently deteriorated and the client had to close the business, A made a false accusation against the client for the purpose of extorting money.
A stated that, out of fear of losing her job, she had no choice but to go into the motel with the client and was raped there.
If that were true, it would be entirely foreseeable that a sexual relationship would be sought given the nature of a motel as a space; the claim that, even after one rape had already occurred, A went into a motel together with the client again without any suspicion does not make sense as a matter of common sense.
The Gwangju Attorney's Client Had Been in a Relationship Akin to a Romantic Relationship with A
It is said that, as the company became troubled, the Gwangju attorney's client and A increasingly spent nights working through to dawn, and that feelings between a man and a woman developed and they grew close.
Considering the contents of their KakaoTalk messages and other materials, they were on terms that anyone would regard as those of a couple; they merely had a sexual relationship by mutual consent, and there was absolutely no fact that the relationship took place by coercion.
5. The Gwangju Attorney's Client Receives a Finding of No Suspicion of Crime Through the Gwangju Attorney's Assistance
Unable to endure the injustice, the Gwangju attorney's client, with the attorney's assistance, received a no prosecution disposition of no suspicion of crime from the prosecutors' office.
A no-referral disposition of no suspicion of crime had already been received at the police stage as well, but following A's objection the case was referred to the prosecutors' office, and a no prosecution disposition of no suspicion of crime was obtained at the prosecutorial stage as well.
The Gwangju attorney's client was at risk of unjustly becoming a sex offender, but was able to clear the charges with the assistance of the Gwangju attorney.
If you are in an unjust situation like that of the Gwangju attorney's client, please come to Daeryun Law Firm and entrust your case to us.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
